I was a F1 student and had an OPT valid from Dec. 2001 to Dec. 2002. My I-485 petition (through my wife) was filed in July 2002. I received a RFE saying that I was out of status for more than 180 days and need file an I-485 Supplement A with $1000 fine. My attorney said the only thing that might cause the RFE was that I did not work during my OPT time from Dec. 2002 to July 2002. If I could prove I was working during the period, then there was a case and we could appeal the RFE. Otherwise it was better just go ahead to pay the fine and file I-485A. I argued with her that I was on OPT and it should not be counted as "Out of Status" even I was not working. But she said the law about OPT was vague and she could not say for sure that USCIS would accept the argument. The risk of getting deny was high if we went to appeal based on my argument. When I asked why she did not catch the issue before to file the petition, she said if she had found it, we would have filed I-485 and I-485A with fine together. So there was no much difference in terms of money.
Then I have a few questions I want to hear your opinion:
1. Do I have a case to appeal the RFE?
2. Does my attorney have any responsibility for not catching the issue prior to file my I-485? I paid her $1000+ for handling my case. I think I would have had more options if she caught the issue then.
3. I am willing to pay the fine to get over with the nightmare of this long waiting and wondering. But will it have any negative consequence if I file I-485A?
Thanks in advance.
Then I have a few questions I want to hear your opinion:
1. Do I have a case to appeal the RFE?
2. Does my attorney have any responsibility for not catching the issue prior to file my I-485? I paid her $1000+ for handling my case. I think I would have had more options if she caught the issue then.
3. I am willing to pay the fine to get over with the nightmare of this long waiting and wondering. But will it have any negative consequence if I file I-485A?
Thanks in advance.